Can my employer withhold my accrued vacation hours/days from a VSO?

Questioner

I have been ill for a few months now and I have a permanent contract and started working as of 07/2018. We have decided together that it is better for me to part ways by means of a VSO. This states that I am exempt from work for the last month (while I am still ill). But this means that the accrued vacation days/hours and the payment thereof expire. Am I entitled to this payment at the final settlement or not?

Lawyer

If you are ill, I advise you not to simply agree to a vso, in connection with a possible benefit application. Benefit rights may then lapse. If you have already signed a vso, you can terminate it within 2 weeks. I advise you to seek advice (as soon as possible) from an employment law specialist before taking further steps. You may call me without obligation. If you agree in a VSO that outstanding vacation days will expire, they will also expire.

Questioner

Hi Boudewijn, I understand that very well. However, that was not the answer to my actual question ;-). Am I legally entitled to the outstanding vacation days or not?